Columbia Assault and Battery Cases

Charges of assault and battery are taken very seriously and prosecuted aggressively in Columbia. When somebody files a complaint of assault and battery, there is generally the investigation, and most of the time an arrest warrant is issued in those cases. They should expect that they need to find a tenacious attorney who has experience and has succeeded in fighting assault and battery cases. They should hire them as soon as possible, follow their legal advice, and tell them all the information they need to build the best defense possible.

It is best to speak to a diligent attorney who knows what it takes to handle Columbia assault and battery cases. An experienced assault and battery attorney could investigate the alleged incident, speak to witnesses, and collect evidence to help prove their case.

What Constitutes Assault?

Under Columbia law, the specific definition for assault is when someone has been put in reasonable apprehension of immediate harm or that there was an attempt of unwanted contact. An example is when somebody makes a threat, such as threatening to punch another, and then they wield up their fists as if they were going to punch them. If that person was put in a reasonable apprehension of immediate harm or unwanted contact, then that would technically be considered assault.

Reasonable apprehension of immediate harm or unwanted contact is based on a person’s reasonable belief as far as assault is concerned. If somebody made a joke that they were going to hit them and made a hand gesture at them where it is clear that they were never going to cause harm, there would not be a reasonable apprehension of immediate harm.

Common Types of Evidence

The evidence that is typically collected and presented by the prosecution in an assault case includes witness statements and photographs of injuries. They are the two most common pieces of evidence used. Statements by the alleged victim and any witnesses and officers that were there are collected. Injuries are noted by medical professionals. Photographs of any injuries and medical records of any injuries are collected, as well.

Aggravating And Mitigating Factors

There are various aggravating factors that may affect how the Columbia assault and battery case is treated would be someone’s prior criminal record and prior history of assault. Aggravating factors are generally a criminal record but may be viewed on a case by case basis as to whether something was egregious in the case. This includes the severity of the injuries and if they were any injuries to the alleged victim.

Mitigating factors would be when someone has a good job, has no prior criminal record, and is in school. It may be a law-abiding citizen and all the different reasons why they should not go to jail. Mitigating factors are any piece of evidence that shows this person is better off receiving a probationary sentence under supervision, being a productive member of the society versus being sent to prison.

Let an Assault and Battery Attorney Help

Columbia courts treat assault and battery cases aggressively because they have a case where someone is alleged to have been injured by another person. It is best to reach out to a diligent attorney who understands the nuances of Columbia assault and battery cases.

Call today to schedule a consultation.